Magistrates Protection
MAGISTRATES PROTECTION ACT

CHAPTER 6:03

LAWS OF TRINIDAD AND TOBAGO

Act
34 of 1917

Amended by
45 of 1979

L.R.O.

Current Authorised Pages
Pages Authorised

(inclusive) by L.R.O.
1–6 ..

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

LAWS OF TRINIDAD AND TOBAGO

2 Chap. 6:03 Magistrates Protection

Note on Subsidiary Legislation

This Chapter contains no subsidiary legislation.

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

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L.R.O.

LAWS OF TRINIDAD AND TOBAGO

Magistrates Protection Chap. 6:03 3

CHAPTER 6:03

MAGISTRATES PROTECTION ACT

ARRANGEMENT OF SECTIONS
SECTION

1. Short title.
2. Interpretation.
3. Action to be brought in High Court.
4. If plaintiff fails to prove malice or want of jurisdiction he shall be

non-suited.
5. Where act is done without jurisdiction, malice need not be alleged,

but no action shall be brought until conviction is quashed.
6. No action to be brought unless there has been a conviction or if there

has been a summons.
7. Nor against a Magistrate for warrant granted by him upon the

conviction of another Magistrate.
8. Nor for granting warrant for enforcing rate.
9. Nor for exercise of any discretionary power.

10. Remedy where Magistrate refuses to do his duty.
11. No action on warrant where conviction or order affirmed on appeal.
12. Setting aside action.
13. In what case plaintiff shall not recover substantial damages.

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

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LAWS OF TRINIDAD AND TOBAGO

4 Chap. 6:03 Magistrates Protection

CHAPTER 6:03

MAGISTRATES PROTECTION ACT

An Act to protect Magistrates and Justices from
vexatious actions for acts done by them in the execution
of their office.

[17TH DECEMBER 1917]

1. This Act may be cited as the Magistrates Protection Act.

2. In this Act, the term “Magistrate” includes a Justice.

3. Every action to be brought against any Magistrate for any
act purporting to have been done by him in the execution of his
office shall be brought in the High Court.

4. The endorsement of the writ of summons in every such
action shall allege either that the act was done maliciously and
without reasonable and probable cause, or that it was done in a
matter not within the jurisdiction of the Magistrate, otherwise the
writ shall be set aside on summons; and if the plaintiff fails at
the trial to prove the allegation, a verdict shall be given for
the defendant.

5. (1) Any person injured by any act done by a Magistrate
in a matter not within his jurisdiction, or in excess of his
jurisdiction, or by any act done in any such matter under any
conviction or order made or warrant issued by him, may maintain
an action against the Magistrate without alleging that the act
complained of was done maliciously and without any reasonable
and probable cause.

(2) No such action shall be brought for anything done
under the conviction or order, or for anything done under any
warrant issued by the Magistrate to procure the appearance of
such party and followed by a conviction or order in the same
matter, until after the conviction or order has been quashed by the
High Court.

1950 Ed.
Ch. 9 No. 5.
34 of 1917.

Commencement.

Short title.

Interpretation.

Action to be
brought in High
Court.

If plaintiff fails
to prove malice
or want of
jurisdiction he
shall be non-
suited.

Where act is
done without
jurisdiction,
malice need not
be alleged, but
no action shall
be brought until
conviction is
quashed.

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LAWS OF TRINIDAD AND TOBAGO

Magistrates Protection Chap. 6:03 5

6. No action shall in any case be brought against any
Magistrate for anything done under any warrant which has not
been followed by a conviction or order, or if, being a warrant upon
an information for an alleged indictable offence, a summons was
issued previously thereto, and served upon such person personally,
or by its being left for him with some person at his usual or last
known place of abode, and he has not appeared in obedience thereto.

7. Where a conviction or order is made by a Magistrate and
a warrant of distress or of commitment is granted thereon by some
other Magistrate bona fide and without collusion, no action shall
be brought against the last-mentioned Magistrate by reason of any
defect in the conviction or order, or for any want of jurisdiction in
the Magistrate who made the same, but the action may be brought
against the Magistrate who made the conviction or order.

8. No action shall be brought against any Magistrate who
has granted a warrant of distress against any person for enforcing
the payment of any rate made, allowed, and published, by reason
of any irregularity of defect in the rate, or of such person not being
liable to be rated.

9. No action shall be brought against any Magistrate for the
manner in which he has exercised any discretionary power given
to him by law.

10. Where any Magistrate refuses to do any act relating to his
duties as a Magistrate, the party requiring the act to be done may
apply to the High Court, upon an affidavit of the facts, for a rule
calling upon the Magistrate, and also the party to be affected by
the act, to show cause why the act should not be done; and if, after
due service of such rule, good cause is not shown against it, the
Court may make it absolute, with or without costs, and the
Magistrate, upon being served with such rule absolute, shall obey
it, and do the act required, and no action or proceeding whatsoever
shall be brought against him for having obeyed the rule and done
the act so required.

No action to be
brought unless
there has been a
conviction or if
there has been a
summons.

Nor against a
Magistrate for
warrant granted
by him upon the
conviction of
another
Magistrate.

Nor for granting
warrant for
enforcing rate.

Nor for exercise
of any
discretionary
power.

Remedy where
Magistrate
refuses to do his
duty.

UNOFFICIAL VERSION


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LAWS OF TRINIDAD AND TOBAGO

6 Chap. 6:03 Magistrates Protection

11. Where a warrant of distress or of commitment is granted
by a Magistrate upon a conviction or order, which either before
or after the granting of the warrant has been or is affirmed upon
appeal, no action shall be brought against him for anything which
may have been done under it, by reason of any defect in the
conviction or order.

12. In all cases where in this Act it is enacted that no action
shall be brought under particular circumstances, if any such action
is brought, a Judge of the High Court may on the application of
the defendant and on an affidavit of facts, set aside the proceedings
in the action, with or without costs, as to him may seem just.

13. Where the plaintiff in any such action is entitled to recover,
and he proves the levying or payment of any penalty or sum of
money under any conviction or order as parcel of the damages he
seeks to recover, or if he proves that he was imprisoned under the
conviction or order and seeks to recover damages for the
imprisonment, he is not entitled to recover the amount of the penalty
or sum so levied or paid, or any sum beyond one cent as damages
for the imprisonment, or any costs of suit whatsoever, if it is proved
that he was guilty of the offence of which he was convicted, or
that he was liable by law to pay the sum he was so ordered to pay,
and that he had undergone no longer imprisonment than that
assigned by law for the offence of which he was convicted, or for
non-payment of the sum he was ordered to pay.

No action on
warrant where
conviction or
order affirmed
on appeal.

Setting aside
action.

In what case
plaintiff shall
not recover
substantial
damages.
[45 of 1979].

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt